Court Rules That DACA Program Is Illegal

The Deferred Action for Childhood Arrivals (DACA) program, which protects some immigrants who entered the country illegally as minors from expulsion, was declared unlawful on Wednesday by a federal appeals court.

Illegal DACA Program

The 5th Circuit Court of Appeals’ ruling on Wednesday upholds a finding made in July 2021 by U.S. District Judge Andrew Hanen of Texas.

Hanen ruled the DACA program is illegal and barred new applications while maintaining the policy for current recipients. The DACA program was similarly preserved by the appeals court for existing beneficiaries, allowing them to continue submitting renewal requests.

The appeals court also remanded the case to Hanen on Wednesday so he may investigate the validity of a modified set of regulations that the Biden government declared in August.

The new final rule from the Biden administration to “maintain and reinforce” DACA codifies the current program into federal law with just minor revisions.

As part of an official rule-making procedure, it was open to public opinion in an effort to increase its prospects of withstanding legal challenges.

It will take effect on October 31 and will replace the Department of Homeland Security (DHS) order from 2012 that established DACA.

The most recent court ruling is related to an ongoing case brought in 2018 by Texas and other Republican-controlled states, which claimed the Obama administration lacked the jurisdiction to establish DACA.

DACA has protected an estimated 800,000 illegal immigrants from being sent back to their homes since it was established in 2012.

Under the administration of President Obama, the DHS directive that launched the immigration program grants qualified individuals, also referred to as “dreamers,” access to social security, work permits, and a renewed two-year exemption from deportation.

Trump Against DACA

President Donald Trump declared in 2017 that he would end DACA, but it has been preserved because of court decisions and the Biden administration.

Hanen claimed DACA violates the Constitution because Congress never gave the executive branch permission to issue deportation pardons to illegal immigrants in the United State.

According to the judgment published on Wednesday by Chief Judge Priscilla Richman of the Fifth Circuit of Appeals, “the district court’s good opinion rightly recognized significant substantive problems in the program.”

Significant portions of the Immigration and Naturalization Act are contracted under the DACA memorandum.

“We concur with the district court’s analysis and findings that the DACA Memorandum violates thorough legislative frameworks for removal, distribution of lawful presence, and distribution of work permission.”

“A district court is in the greatest situation to assess the administrative evidence in the rulemaking procedure and assess whether our holdings as to the 2012 DACA Memorandum completely resolve questions regarding the final rule,” Richman stated in his decision to remand the case to the lower court.

The Biden administration’s Justice Department did not initially indicate whether it will challenge the most recent ruling. The U.S. Supreme Court would hear the matter if a formal appeal is filed.